Separation and Divorce - A Closer Look At Cohabitation

Across England and Wales more and more adults are choosing to live with one another without marrying each other nor entering into a civil union. This cohabitation may very well be prior to some sort of formal partnership, or the partners might simply prefer the simplicity of cohabiting. In either case, the thing that every single one of couples in this particular situation must know is that they don't have the same protection under the legal system as married couples or individuals in a civil union.

 

A lot of cohabiting couples believe that there is such a thing as a 'common law marriage', which refers to all partners living with each other. But, they might be shocked to learn this is in fact not the case throughout England and Wales. The majority of people that are simply cohabiting are living together without much of the safeguards available to husbands and wives and also civil partners, which can create problems when the relationship comes to an end, or one of the individuals dies.

 

Cohabitation and Property

Because moving in together is largely an emotional decision, a lot of couples don't entirely realise the consequences along with potential challenges which might be linked to cohabitation. There's a couple of ways in which couples can look after their legal rights when acquiring a property, just in case the relationship does not work out.

 

Finances & Cohabitation

When it comes to a couple's finances, husbands and wives and also civil partners get considerable legal protection if the partnership should come to an end. Depending on the partners concerned along with their specific situation, one spouse might be required to pay out some type of maintenance to the other, in order to enable them to adjust to living by themselves. However that isn't the way it is with couples that are cohabiting.

 

Cohabiting Parents

When a legally married couple have a baby both are acknowledged as the parents of the baby and enjoy all of the responsibilities and legal rights which come with that. When it comes to cohabiting partners, the dad is going to have absolutely no legal rights to the child unless he's there whenever the birth is officially registered, or alternatively the relevant papers are supplied that confirm he's the dad.

 

Cohabitation Agreement

More and more couples are choosing to work with our Divorce Solicitors Bristol office to set up a cohabitation agreement in order to help stay clear of potential problems with homes along with finances. Some partners may even choose to do this after they have split up, however when this happens the agreement is similar to a conventional separation agreement.

 

The legislation concerning couples who are living with one another outside of a marital relationship or civil partnership are going through a review and it is most likely these laws may be changed at some point.